When appcl
graph (4)(0) or (B) or (c) of subsection (3) or cancel a licence or consent wider paragraph (6) thereof because the continuation of the activities to which the licence relates would cause a danger to public health or would be so seriously detrimental to the amenities of the area affected by the activities that the continuation of them ought not to be permitted, he may exercise any of the said powers with effect from such date as the circum- stances may require and shall not be bound to comply with subsection (4).
(6) Where a notice is given under subsection (4), the person to whom the notice is given may. within the period of 30 days after such notice is given, make written submissions to the authority by whom the notice was issued as to why any new or amended terms and conditions should not be imposed or as to why the licence should not be cancelled.
(7) The authority by whom a notice under subsection (4) is issued and to whom written submissions are made by any person under sub- section (6) may, after considering such submissions, by further notice to the said person withdraw the notice at any time before it comes into effect,
PART VI
APPEALS
24. (1) A person who is aggrieved by a decision or direction of a may be brought. public officer or a collection authority or waste disposal authority under any of the following provisions may appeal to the "Appeal Board estab- lished under section 25–
Comediated f Appeal Board.
(a) section 17(1) (directions as to disposal of waste);
(8) section 2001) (refusing to give permission to import waste into
Elong Kong)
(c) section 21(4) (refusing to grant a licence);
(d) section 23(1) (fixing terms and conditions of licence);
(e) section 23(3Keki) (imposing new or amended terms or conditions
for continuance of licence);
() sections 23(3)@Hii) and 23(306) (cancelling a licence),
(g) section 23(3)(c) (revoking, amending or adding to a notice). (2) An appeal under subsection (1) shall be made within 21 days after the person aggrieved has received notice of the decision or direction. (3) Where the decision appealed from was made under a provision mentioned in paragraphs (e), (f) or (g) of subsection (1) the notice thereof shall be suspended from the day on which notice of appeal is given and until the appeal is disposed of, withdrawn or abandoned, unless--
(a) the decision is considered by the authority whose decision It is to be necessary because fu relation to a licence to which the notice relates the continuation of the activities to which the notice relates would cause a danger to public health or be seriously detrimental to the amenities of the area affected by the activities; and
(b) the notice contains a statement to that effect.
25. (1) Every appeal under section 24 shall be determined by ad Appeal Board constituted under this Part.
(2) The Governor shall appoint as Chairman of Appeal Boards a person who is qualified in law.
9
(3) Subject to section 27(3), the Chairman shall be appointed for a term of 2 years but may be reappointed.
(4) The Governor shall also appoint a panel of persons whom he considers to be suitable for appointment as members of an Appeal Board pursuant to section 26(1).
(5) An appointment under subsection (2) and every appointment to the panel under subsection (4) shall be notified in the Gazette.
(6) In subsection (2) and in section 27(1) "qualified in law" means qualified for appointment as a District Judge under section of the District Court Ordinance,
(Chp. 336.)
26. (1) The jurisdiction of an Appeal Board on any appeal or Exercise of group of appeals shall be exercised by the Chairman and such number Appeal Brand's
furiadilon. of persons from the panel referred ta” in section 25(4) as the Chairman may appoint for that appeal or group of appeals.
(2) On any appeal an Appeal Board may confirm, reverse or vary the decision or direction appealed from.
(3) Every question before an Appeal Board shall be determined by the opinion of the majority of the Chairman and the members hearing the appeal except a question of law which shall be determined by the Chainman; in the event of an equality of votes the Chairman shall have a casting vote.
(4) An Appeal Board shall not at any time consist of a majority of persons who are public officers.
(5) An Appeal Board may-
(a) receive evidence on cat;
(b) admit or take into account any statement, document, information or matter whether or not it would be admissible as evidence in a court of law; and
(e) by notice in writing summon any person to appear before it to
produce any document or to give evidence.
(6) The Chairman may determine any form or matter of practice or procedure in so far as no provision is made therefor in this Ordinance.
27, (1) If the Chairman is precluded by ülness, absence from Hong Supplexaratury Kong or any other cause from exercising his functions the Governor may provisions to appoint any other person qualified in law to act as Chairman and as such Appeal Board. to exercise and perform all of the powers, functions and duties of the Chairman during the period of his appointment.
(3) If a person appointed by the Chairman under section 2601) to hear an appeal or group of appeals is precluded by illness, absence from Hong Kong, or any other cause from exercising his functions, the Chair- Dan may appoint any other person from the panel provided for in section 25(4) to act in his place.
(3) The Chairman may at any time resign his office by nolice in writing to the Governor.
(4) The bearing of an appeal may be continued notwithstanding any change in the membership of an Appeal Board as if the change had not occurred:
Provided that no person shall be appointed as a member of an Appeal Board before which the hearing of an appeal has been comTM menced without the consent of the parties.
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